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antigone382

(3,682 posts)
Wed Apr 1, 2015, 01:16 PM Apr 2015

On Monday a woman in Indiana got a 20 year sentence--for a miscarriage in stressful circumstances.

Last edited Wed Apr 1, 2015, 02:18 PM - Edit history (1)

(UPDATE: There is a previous GD thread about this case, with important information to help Ms. Patel in her time of need. Link here: http://www.democraticunderground.com/?com=view_post&forum=1002&pid=6442782)

http://www.nbcnews.com/news/asian-america/indiana-has-now-charged-two-asian-american-women-feticide-n332761

I had a friend who faced somewhat similar circumstances--who seriously considered aborting, ultimately chose to have the child, and suffered a miscarriage shortly thereafter. The thought that current feticide laws might have sent her to jail is horrifying. This is a hideous assault on women's bodily autonomy, and a criminalization of complicated medical situations that we don't have any control over.

What you need to know:

According to Sue Ellen Braunlin, doctor and co-president of the Indiana Religious Coalition for Reproductive Justice, Purvi was most likely 23-24 weeks pregnant, although prosecutors argued Patel was 25 weeks along in the state's opening argument. The prosecution confirmed on Monday that the baby died within seconds of being born.

Patel's lawyers argued that she panicked when she realized she was in labor. Patel comes from a conservative Hindu family that looks down on sex outside marriage, and the pregnancy was a result of an affair Patel had with her co-worker.

"Purvi Patel's conviction amounts to punishment for having a miscarriage and then seeking medical care, something that no woman should worry would lead to jail time," said Deepa Iyer, Activist-in-Residence at the University of Maryland's Asian American Studies Program and former director of South Asian Americans Leading Together.

Despite Patel's claim that she gave birth to a stillborn child, prosecutors argued that Patel gave birth to a live fetus and charged her with child neglect. Prosecutors also claimed that Patel ordered abortion-inducing drugs online and tried to terminate her pregnancy, but a toxicology report failed to find evidence of any drugs in her system.
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On Monday a woman in Indiana got a 20 year sentence--for a miscarriage in stressful circumstances. (Original Post) antigone382 Apr 2015 OP
but, there is NO war on women. niyad Apr 2015 #1
Yeah, not to mention the thought policing going on here. antigone382 Apr 2015 #4
it isn't going to end. these woman-hating cretins are so drunk with power now that niyad Apr 2015 #5
Even the misogynists here on DU must be called to account every time for their thinly veiled Dont call me Shirley Apr 2015 #32
yes, even though pointing those comments out tends to engender a backlash. niyad Apr 2015 #55
It does at that! Dont call me Shirley Apr 2015 #59
Same with race...White males, even so called non cons, want their privilege and are going to do NoJusticeNoPeace Apr 2015 #76
Here's the latest topic in NM... Dont call me Shirley Apr 2015 #77
That's true. Women have been fucked over for centuries. Orrex Apr 2015 #67
help stop them... handmade34 Apr 2015 #64
Smoking? alp227 Apr 2015 #31
Yes, it is. The question is, should a pregnant smoker who miscarries go to jail? antigone382 Apr 2015 #42
What if the laws required proof that the woman was informed about her habits alp227 Apr 2015 #72
I do not think a woman should go to jail for a miscarriage. Ever. antigone382 Apr 2015 #75
so, is charging the woman with unproven harm to the fetus okay? is having complete niyad Apr 2015 #56
No. But the fallacy is in comparing smoking/drinking with exercise/playing tennis alp227 Apr 2015 #70
both are used to control women, period. niyad Apr 2015 #71
I am asking how far we go in criminalizing potential miscarriage risks. antigone382 Apr 2015 #73
+1 Enthusiast Apr 2015 #68
Beyond disgusting.... daleanime Apr 2015 #2
seeking medical care has become criminalized for women. nashville_brook Apr 2015 #3
you can't wait ?! fuck. I am scared to death. Tuesday Afternoon Apr 2015 #6
Right? Now that I'm of "age" and a widow... ScreamingMeemie Apr 2015 #8
no shit. No longer needed as incubators, we have outlived our usefulness. Tuesday Afternoon Apr 2015 #12
And if your a disabled woman, according to ben stein, you should commit suicide. Dont call me Shirley Apr 2015 #33
Dear Ben Stein, after you asshole. Sincerely, TA Tuesday Afternoon Apr 2015 #35
Tuesday Afternooo.... Dont call me Shirley Apr 2015 #36
that's me ... kicking ass and taking names Tuesday Afternoon Apr 2015 #37
Hope this works... Dont call me Shirley Apr 2015 #39
YOU WANT I SHOULD ASSIST, TUESDAY AFTERNOON? Skittles Apr 2015 #47
We will kick some Ben Stein ass!! Tuesday Afternoon Apr 2015 #48
OMG THAT POMPOUS ASSHOLE Skittles Apr 2015 #49
would you like to borrow my 4-inch stiletto heels, or shall I just join the party? niyad Apr 2015 #57
the more the merrier !! Tuesday Afternoon Apr 2015 #66
I like the moon, don't want to despoil it with him. I was thinking one of the outer systems. niyad Apr 2015 #69
We're the "Marthas" if you recall your Handmaid's Tale lapislzi Apr 2015 #17
I recall very well. for years, I thought we were one scotus vote away from that niyad Apr 2015 #58
Me too. antigone382 Apr 2015 #11
hold me! Tuesday Afternoon Apr 2015 #13
It will lead to women dying out of fear to get medical help. n/t antigone382 Apr 2015 #14
They don't care. That's why they're willing to force desperate women into back-ally abortions. nt tblue37 Apr 2015 #43
please sign handmade34 Apr 2015 #62
highly disturbing G_j Apr 2015 #7
I know...I feel so awful for this poor woman. antigone382 Apr 2015 #16
One other bit that people need to know jeff47 Apr 2015 #9
Good point. n/t antigone382 Apr 2015 #10
I'm confused about something BainsBane Apr 2015 #15
Seconds, not minutes. And that is just what the prosecution claims. antigone382 Apr 2015 #18
Or it seems one count of murder and one of an illegal abortion BainsBane Apr 2015 #19
Specifically she was convicted of feticide--a first in U.S. history, as I understand it. antigone382 Apr 2015 #21
I read elsewhere here yesterday that the person who autopsied the fetus/baby used a discredited uppityperson Apr 2015 #27
You have to be old enough to remember when a very premature baby simply died after a few breaths Hekate Apr 2015 #50
there was a thread yesterday about this case, that included updates per Patel salin Apr 2015 #20
If you can give me the link to that thread, I'll update my OP to direct folks to it. antigone382 Apr 2015 #22
here you go - and thanks! salin Apr 2015 #24
Another good reason to boycott anything made in Indiana. NT Trillo Apr 2015 #23
WTF!?!? I didn't pay attention and thought this was India. Rex Apr 2015 #25
please sign!! handmade34 Apr 2015 #63
The other miscarriage here is the gross miscarriage of justice. This one stinks KingCharlemagne Apr 2015 #26
Plan on either imprisonment or death if you are a woman and a con takes the WH NoJusticeNoPeace Apr 2015 #28
please help... handmade34 Apr 2015 #65
This country is getting to be a very scary place for women. justhanginon Apr 2015 #29
thank you... handmade34 Apr 2015 #52
Purvi... Dont call me Shirley Apr 2015 #30
Could we somehow persuade Indiana to secede from our Union? JDPriestly Apr 2015 #34
But child molestation charges fall far short. ismnotwasm Apr 2015 #38
It is interesting to me how this can happen in this country, but so often we hear logosoco Apr 2015 #40
This is totally yuiyoshida Apr 2015 #41
Is this case going to be appealed? DamnYankeeInHouston Apr 2015 #44
Yes, as I understand it. antigone382 Apr 2015 #46
Thank you. DamnYankeeInHouston Apr 2015 #51
Incredible!!! mfcorey1 Apr 2015 #45
Thank you antigone handmade34 Apr 2015 #53
kick Liberal_in_LA Apr 2015 #54
absolutely unconscionable. marym625 Apr 2015 #60
more information (and petitions) handmade34 Apr 2015 #61
Living behind the Hoosier Iron Curtain is not a picnic in the park! B Calm Apr 2015 #74

antigone382

(3,682 posts)
4. Yeah, not to mention the thought policing going on here.
Wed Apr 1, 2015, 01:27 PM
Apr 2015

You felt distressed and conflicted about something going on in your body? Your body quite likely responded to that stress in a very typical way? Too bad...twenty years in the slammer.

Another woman was charged for feticide following a suicide attempt. Many have been jailed for addictions that were deemed to have contributed to a miscarriage or stillbirth.

Where does it end? What about women who smoke, or don't have perfect diets, or don't sleep enough, or don't get the right amount of exercise while pregnat? What about women who get "too much" exercise? I knew a woman who had a miscarriage after playing tennis. The two things were probably unrelated, but you could make the case that exerting herself while pregnant was murder.

And what about women at jobs that the Supreme Court has ruled don't really have to work too hard to accomodate pregnant or lactating women? If you need the money desperately, but the job forces you to risk your unborn child's well-being, are you gonna get thrown in jail for a miscarriage then?

niyad

(113,546 posts)
5. it isn't going to end. these woman-hating cretins are so drunk with power now that
Wed Apr 1, 2015, 01:29 PM
Apr 2015

they won't stop.

Dont call me Shirley

(10,998 posts)
32. Even the misogynists here on DU must be called to account every time for their thinly veiled
Wed Apr 1, 2015, 02:51 PM
Apr 2015

women hating comments.

NoJusticeNoPeace

(5,018 posts)
76. Same with race...White males, even so called non cons, want their privilege and are going to do
Fri Apr 3, 2015, 02:13 PM
Apr 2015

anything to protect it.

Women, brown people, etc., need to learn their place.

Or so they think

antigone382

(3,682 posts)
42. Yes, it is. The question is, should a pregnant smoker who miscarries go to jail?
Wed Apr 1, 2015, 03:33 PM
Apr 2015

What unhealthy habits or behaviors can pregnant women engage in (or even improve on, but not fully) without risking jail time if they miscarry, given that the burden of proof connecting the miscarriage to said unhealthy behaviors seems to be quite light?

How perfectly healthy and fetus-centered does my behavior have to be while pregnant to avoid committing a crime if my pregnancy ends in miscarriage, as do some 15-20% of known pregnancies?

alp227

(32,047 posts)
72. What if the laws required proof that the woman was informed about her habits
Fri Apr 3, 2015, 01:17 PM
Apr 2015

being a risk to her pregnancy, by her doctor? There's a difference between knowingly and unknowingly committing misdeeds.

antigone382

(3,682 posts)
75. I do not think a woman should go to jail for a miscarriage. Ever.
Fri Apr 3, 2015, 02:09 PM
Apr 2015

Under any circumstances. And while I think doctors do need to live up to ethical standards to ensure adequate and informed care, I trust women and their doctors to figure out the best options for their given situation without undue, inflexible legal intrusion.

niyad

(113,546 posts)
56. so, is charging the woman with unproven harm to the fetus okay? is having complete
Wed Apr 1, 2015, 09:47 PM
Apr 2015

strangers on the street chastise a pregnant woman (or perhaps one who merely appears to be pregnant) okay? is screaming at a woman for a cigarette or drink or even, goddess forfend, exercising, okay? because that is what all these laws and regulations, etc. are all about--control of the pregnant woman, control of every woman, for all sorts of reasons.

alp227

(32,047 posts)
70. No. But the fallacy is in comparing smoking/drinking with exercise/playing tennis
Fri Apr 3, 2015, 12:40 AM
Apr 2015

with regards to risky behavior during pregnancy.

antigone382

(3,682 posts)
73. I am asking how far we go in criminalizing potential miscarriage risks.
Fri Apr 3, 2015, 01:59 PM
Apr 2015

I obviously don't endorse smoking while pregnant. My point is that in a miscarriage situation, you can draw a dubious connection to anything a woman did that wasn't quite perfectly healthy. Drinking coffee slightly increases miscarriage risk. I don't think it warrants jail. Society does not take full ownership of a woman's body when she becomes pregnant.

nashville_brook

(20,958 posts)
3. seeking medical care has become criminalized for women.
Wed Apr 1, 2015, 01:22 PM
Apr 2015

it started a long time ago and no one paid attention. can't wait to see where this goes.

Dont call me Shirley

(10,998 posts)
33. And if your a disabled woman, according to ben stein, you should commit suicide.
Wed Apr 1, 2015, 02:54 PM
Apr 2015

Because somehow we are worthless; worthless is his mind.

lapislzi

(5,762 posts)
17. We're the "Marthas" if you recall your Handmaid's Tale
Wed Apr 1, 2015, 01:52 PM
Apr 2015

Women past childbearing who were employed as household servants. Provided, I guess, that they'd done their "duty" during their fertile years. If not, all bets off.

niyad

(113,546 posts)
58. I recall very well. for years, I thought we were one scotus vote away from that
Wed Apr 1, 2015, 09:51 PM
Apr 2015

dystopic future. I had no idea it was going to be hundreds of pricks and pokes and votes across all the states, but that is pretty nearly where we are now.

jeff47

(26,549 posts)
9. One other bit that people need to know
Wed Apr 1, 2015, 01:35 PM
Apr 2015

She was convicted on contradictory charges.

She was convicted for causing a pregnancy to terminate - killing a fetus.

She was also convicted for abandoning a baby in a dumpster. That same fetus.

BainsBane

(53,056 posts)
15. I'm confused about something
Wed Apr 1, 2015, 01:49 PM
Apr 2015

If the baby "died within minutes of being born," how can it be a miscarriage? If the baby was born alive, it was not miscarried. It either died from complications of the birth or was killed.

The woman herself says the baby was stillborn, but you bold text saying it died within minutes of being born. How do we know which it is? Because if your point in bold is accurate, she is guilty of some crime, at the least of improperly disposing of a body by throwing it into a dumpster.

The facts do matter. It's possible the case was mishandled so badly we can't actually know what the situation was, but I think it important not to conflate abortion, miscarriage, and death of a child after it's born. They are not at all the same thing. Women's reproductive rights, the right to have an abortion, extend to fetuses in the womb, not living the babies. The difference is crucial.

antigone382

(3,682 posts)
18. Seconds, not minutes. And that is just what the prosecution claims.
Wed Apr 1, 2015, 01:55 PM
Apr 2015

I don't know what evidence they used to come to that conclusion. My understanding is that the medical examiner used results from a discredited "float test" in court to prove that the fetus was born alive.

The charges themselves are conflicted. She was convicted both of intentionally terminating a fetus (killing the fetus), and of neglect for abandoning a living child. I don't dispute that disposing of the fetus as described was probably not the best choice, and probably should not be legally allowed for public health reasons. But she was not convicted of irresponsibly dealing with medical waste. She was in effect, convicted of two contradictory counts of murder.

BainsBane

(53,056 posts)
19. Or it seems one count of murder and one of an illegal abortion
Wed Apr 1, 2015, 01:58 PM
Apr 2015

which are certainly conflicting counts. Abortion presumes it to be an unborn fetus rather than a living child. She needs a good appellate attorney to pursue this.

antigone382

(3,682 posts)
21. Specifically she was convicted of feticide--a first in U.S. history, as I understand it.
Wed Apr 1, 2015, 02:02 PM
Apr 2015

This is somewhat distinct from illegal abortion. It is based on a feticide law that grant personhood to unborn fetuses, ostensibly to protect pregnant women from harm caused by others. Obviously the real intent, or at least implication of such laws, is now clear.

uppityperson

(115,678 posts)
27. I read elsewhere here yesterday that the person who autopsied the fetus/baby used a discredited
Wed Apr 1, 2015, 02:17 PM
Apr 2015

method of determining whether or not it drew a breath of air. Not breathing would indicate dead. Breathing, live.

However, the method they used to determine this is considered comparable to throwing a witch into water. If the woman floats, she's a witch, if sinks and drowns, is not.

Definitions and facts do matter and unfortunately in this case the facts are not clear facts but opinion.

http://americanpregnancy.org/pregnancy-complications/miscarriage/

Spontaneous abortion (SAB), or miscarriage, is the term used for a pregnancy that ends on its own, within the first 20 weeks of gestation....(a lot more at this link)


So it seems it is possible for a fetus to be passed/born prematurely alive but unable to survive due to its immaturity and/or malformations. I do not think this would be common for the first 20 weeks. After the age the fetus might be able to survive outside the uterus, I would call it premature birth, not miscarriage. I have read some common useage of "stillborn" being meant a later term fetus born alive who then quickly died, but I would never use it that way, would use fetal death.



Hekate

(90,785 posts)
50. You have to be old enough to remember when a very premature baby simply died after a few breaths
Wed Apr 1, 2015, 07:35 PM
Apr 2015

A woman who had a miscarriage in the first trimester usually simply had a mess to clean up, and if her doctor wasn't satisfied that Mother Nature had cleaned her out, he would do a D&C to make sure all tissue was gone so it wouldn't fester. My mom had one of those, but she also had one where she hemorrhaged like hell and nearly died.

On the other hand, a second or even early third trimester birth could also be termed a miscarriage. You had a fetus that was too immature to survive. Jackie Kennedy's baby was miscarried. He took breath, but his little lungs were coated in something and just couldn't function. He died within a few days.

My mother also had a stillbirth, a boy that she carried to full term, but who died in utero two weeks before she gave birth. That was not called a miscarriage.

(Doctors usually referred to miscarriages as spontaneous abortions, but frankly women found that terminology callous.)

salin

(48,955 posts)
20. there was a thread yesterday about this case, that included updates per Patel
Wed Apr 1, 2015, 02:01 PM
Apr 2015

I believe she is being sent to a women's penal facility in central Indiana - and there is a group ? that is actively working on appeal. It would be helpful to keep that thread alive and kicking - so that folks might have a chance to read about the group and get involved if so inclined.

This has mostly gone unnoticed in the wake of the Indiana Fiasco (RFRA response and pressure to fix) - but it is exactly the time that the less teaparty inclined in Indiana are more responsive to listening beyond the spin.

antigone382

(3,682 posts)
22. If you can give me the link to that thread, I'll update my OP to direct folks to it.
Wed Apr 1, 2015, 02:03 PM
Apr 2015

Thanks for this info!

 

Rex

(65,616 posts)
25. WTF!?!? I didn't pay attention and thought this was India.
Wed Apr 1, 2015, 02:10 PM
Apr 2015

Went back and looked...no it is an American state, Indiana. I still don't understand how she can be charged, but I DO understand that insane fundamentalists are in control of that state and it is now akin more to countries with the Taliban in charge.

 

KingCharlemagne

(7,908 posts)
26. The other miscarriage here is the gross miscarriage of justice. This one stinks
Wed Apr 1, 2015, 02:14 PM
Apr 2015

about as bad as Dred Scott and provides yet another reason to boycott all things Indiana now and for the foreseeable future.

The only thing Ms. Patel was guilty of, as far as I can see, is the improper disposal of medical waste\human remains. IANAL, but this one really stinks.

NoJusticeNoPeace

(5,018 posts)
28. Plan on either imprisonment or death if you are a woman and a con takes the WH
Wed Apr 1, 2015, 02:27 PM
Apr 2015

unless you act exactly how they tell you to act.

Think I am exaggerating?

Willing to risk finding out?

I am not

justhanginon

(3,290 posts)
29. This country is getting to be a very scary place for women.
Wed Apr 1, 2015, 02:30 PM
Apr 2015

I am an old guy and it even frightens me for the women in my life. I would think there is enough stress in dealing with a pregnancy without having to walk on eggshells in fear of something going medically amiss and then the possibility of being prosecuted for what is in reality a medical situation.
I won't even get into all the other bullshit that these people, who are bent on controlling women's lives, are trying to pass in state legislatures that are detrimental if not repugnant to women's lives. They will not be satisfied until they can completely dominate every aspect of a woman's life.

ismnotwasm

(42,005 posts)
38. But child molestation charges fall far short.
Wed Apr 1, 2015, 03:04 PM
Apr 2015

There is something fucked up and rotten to the bone in the state of Indiana

Indiana initiative calls for strengthened child molestation penalties

On Wednesday, State Senator John Broden (D-South Bend) filed a proposal to strengthen penalties against offenders convicted of child molestation.

The initiative enhances the penalty for sex crimes against children that result in the transmission of a sexually transmitted disease.

“Any act against a child is unconscionable, but cases where victims are left with both emotional and physical trauma are especially troubling,” said Sen. Broden. “By upping the penalty against those that commit these heinous acts, we are standing up for victims.”

Legislation initiated by Sen. Broden would enhance the penalty from a Level 3 to Level 1 felony for child molestation that results in the victim contracting a “dangerous sexually transmitted disease (STD).” Senate Bill (SB) 363 defines those STDs as: the human immunodeficiency virus (HIV); herpes; gonorrhea; syphilis; chlamydia or hepatitis. A Level 1 Felony carries a sentence of between 20 and 40 years in prison and up to a $10,000 fine.

http://www.wndu.com/home/headlines/Indiana-initiative-calls-for-strengthened-child-molestation-penalties-288566741.html?device=tablet&c=y

logosoco

(3,208 posts)
40. It is interesting to me how this can happen in this country, but so often we hear
Wed Apr 1, 2015, 03:30 PM
Apr 2015

of children "finding" guns and killing themselves or someone nearby (usually another child), but there never seem to be child neglect or endangerment charges in those cases.

What a strange country we live in.

antigone382

(3,682 posts)
46. Yes, as I understand it.
Wed Apr 1, 2015, 04:24 PM
Apr 2015

I put a link in the OP to another thread about this case, which has more information about the next steps, what to do to support Purvi.

handmade34

(22,757 posts)
53. Thank you antigone
Wed Apr 1, 2015, 08:43 PM
Apr 2015

for keeping this going... there is nothing easy about this case... but what I know to be absolutely true is that Purvi Patel is personally paying for so many other injustices that just slip by in our society... cultural oppression of women, lack of services for women, stigmas, apathy, lack of empathy, etc...

I will fight this with whatever power I have... my voice, money, letters, pleas, facts... why women everywhere are not screaming, I don't know

a jury moved by only emotion, Xtian 'moral values' and fixed attitudes decided this case (oh, and a very conservative judge- Elizabeth C. Hurley, named to the bench by Pence in 2013)...


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